While the process of divorce can be quite complicated and, at times, overwhelming, filing the petition for divorce is relatively simple. With the help of an attorney, it is often even easier, but you will still need to decide where to file your petition so that the divorce proceedings will be held in the appropriate venue.
Where to File
According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), proceedings for divorce should take place in the county where either you or your spouse currently reside. However, you are free to file your petition in any county of your choosing. If you decide to pursue a divorce in a county other than your county of residence or that of your spouse, you will need to file a motion with your petition explaining why you chose an alternate location. For example, if, following your separation, your spouse moved to DeKalb County while you continued living in DuPage County, but you both work in Kane County, it might be reasonable for your divorce proceedings to be held in Kane County.
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